Ord. 1476 2013-03-25ORDINANCE NO. 1476
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES AND
CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO
RESOLUTION NO. R2013-14; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #24),
IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX
ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND
TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE
EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING
THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN
APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND
A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 312 of the Texas Tax Code (the "Property Redevelopment and
Tax Abatement Act") provides for the designation of a Reinvestment Zone or area; and
WHEREAS, the City Council has, pursuant to Resolution No. R2013-14, established
Guidelines and Criteria for Granting Tax Abatement; and
WHEREAS, a certain area of the City of Pearland meets the criteria and guidelines
heretofore established by the City Council required for designation as a Reinvestment
Zone; and
WHEREAS, the City Council, on March 11, 2013 held a public hearing on the
designation of a Reinvestment Zone and finds that the improvements sought are feasible
and practical and would be a benefit to the land to be included in the zone and to the
municipality after the expiration of an agreement under the Property Redevelopment and
Tax Abatement Act; now, therefore,
ORDINANCE NO. 1476
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That pursuant to the Property Redevelopment and Tax Abatement Act,
the City Council of the City of Pearland, Texas, hereby designates as a Reinvestment Zone
the area described in Exhibit "A" attached hereto and made a part hereof for all purposes,
to be known as Reinvestment Zone #24.
Section 2. That the area described in Exhibit "A" is reasonably likely, as a result of
this designation, to contribute to the retention or expansion of primary employment, or to
attract major investment into the zone that would be a benefit to the property and that
would contribute to the economic development of the City, and that the improvements
sought are feasible and practical and would be a benefit to the land to be included into the
zone and to the municipality after the expiration of a Tax Abatement Agreement as
authorized by the Property Redevelopment and Tax Abatement Act.
Section 3. That the designation of the Reinvestment Zone herein expires five (5)
years from the effective date of this ordinance and may be renewed by a subsequent
ordinance of the City Council for a period not to exceed an additional five (5) years. That
expiration of the original designation shall not affect an agreement entered into under the
provisions of this ordinance.
Section 4. That the City Council hereby authorizes agreements in writing with the
owner of any taxable real estate located within the designated Reinvestment Zone, subject
to the requirements and optional provisions of the Property Redevelopment and Tax
2
ORDINANCE NO. 1476
Abatement Act and the conditions of the Guidelines and Criteria for Granting Tax
Abatement heretofore adopted by the City Council.
Section 5. That any agreement to be entered into under the provisions of this
ordinance must be approved by the affirmative vote of a majority of the members of the
City Council at a regularly scheduled meeting of the City Council. On approval by the City
Council, the agreement may be executed by the City Manager.
Section 6. Savings. All rights and remedies which have accrued in favor of the
City under this Ordinance shall be and are preserved for the benefit of the City.
Section 7. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 8. Effective Date. This Ordinance shall become effective upon passage
and approval of its second reading.
PASSED and APPROVED ON FIRST READING this the 11th day of March, A.D., 2013.
c -P
TOM REID
MAYOR
3
ORDINANCE NO. 1476
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
PASSED and APPROVED ON SECOND AND FINAL READING this the 25th day of March,
A. D., 2013.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT "A"
Ordinance No. 1476
Exhibit A:
The property consists of three parcels. It is located west of Kirby Dr. and east of Hooper Rd. Harris County
Appraisal District parcel numbers;
HCAD Account Number: 0451800000176- Legal Description: TRS 43 1/2B 44 1/2D53 & 54, ABST 876 D,
WHILE
HCAD Account Number: 0451800000178- Legal Description: TRS 43 43 1 /2C 44 &44 1 /2C, ALLISON
RICHEY GULF HOMES SEC F ABST 876D WHITE
HCAD Account Number: 0451800000160- Legal Description: TRS 43 A, GULF HOMES SEC F ABST
876D WHIl'L
GIS Mapping Interface - Pearland,Texas
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http://gisweb2.ci.pearland.tx.us/mox6/internal.cfm[3/4/2013 11:15:58 AM]
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given
the 11tt►;day of
2013, at 6:30
Pte, the City Council of
the City of Pearland,
Brazes*, Fort Bend, and
Harris Countlea, Texas,
will conduct a Public
Hearing in the .Council
Chambers, City3.11) Liberty Drive,
Hall,
Paadon, liwa,10 ani-"
uider the ~Joh a a
tone in
aaamkusaeasltSWIM
$$22Gf afttra 71x Code
end City Df P a land's
Suldelines.tastan
Taxing A{xit
At said hearing e1p>r-
tasted parties shay
the right and oppoiy
to appear and be heard
on the subject.
Yount? IA f g, TRIC
City Secretary
This site is accessible to
disabled indivk u ls. For
special assistance,
please call yam
Wog at 211,
pry to the meeting so
that appropriate
arrangements can be
mads.
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 Park Avenue
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published in
THE REPORTER NEWS, a newspaper of general circulation in Bra'zoria, Harris and
Galveston Counties, for / issues, as follows:
'No. / Date 2- 2/ 20 /3
No Date 20
No Date 20
No Date 20
No. Date 20
11211/erra,i
CFO
Subscribe and sworn to before me this day of /21
20 �3
LAURA ANN EMMONS
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 09-09.2014
4001#41.(... eir►
Laura Ann Emmons, Publisher
Notary Public, State of Texas